Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-11-26
LAND GRANT ADJUSTMENTS,
Bona'Fide Purchasers Defined by the
Attorney. General.
An Important Opinion on the Construc
tiOu OF the Ac:.
Anthony Cowstock Knocks Down
New York Newsboy.
Anarchist Most Taught Respect for
the Law,
John Bright Stigmatixes tho Irish q,
Rebels.


ant opinion by the Attorney General on
The const ruction OF sections 3, 4 and s of
the act OF March 3, 1856. passed to provide
Tor tine adjustment of land grants made by
Congress to aid in the construction OF rail-
roads and for the forfeiture Of une .rn.d
lands and other purposes, is made public
Tonight. The opinion il given in reply to
n question aeked by the Secretary of the
Interior. The opinion in substance ia a.
f'ilowe: The first section OF the act named
directs the adjustment OF grants. The
second g. ction provides for restoration of
title to the United Sta tes where lands have
ben errone nsly certified or patented tc
railroads al he thrc sertion il that + lin the
adjustment Of said grants, it. shall appear
hat a homestead or pre.emptinn entry of
any bnna.fi e settler has been errnneously
canrelIed on account nf any railroad grant
or withdrawal o: public lands from the.
market. each settler upon aDplcati IN shah
he reinstated in all his rights and all we'd
to peri e. his entIv by complying wit the.
p.blic laws. provid that he has MT
located another claim or made an entry is
lieu Of he one 81 errOne''usIy cArcelle J,
and provide d. also, that he did not volun-
tarily
ABANDON SAID ORIGINAL ENTRY,
and provided further that il any OF said
settlers do not renew their application to
he reinst. ted within reasOna bic time to b.
fixed by the Secretary of the Interior. then
all such unclaimed lands shal! b, disp 'sed
II under he public Iani lava. whirh pr;"r.
itv IL right is gwen tn b'na fide purch ,sers
of unc aimed lands il any, and If th.re II"
20 such purchaser then t. bOna-fitle set tiers
rs-idisg thereon. The questi.n submitted
under this sc. tinn was: ''What clas~ of
purchasers is referred TO by the xpres-;on
hon 4, fdp purchasers Of such and.:" The
rights nf several ela~ees TO the lands r..
fer, ed t., il Q ctjon are rucce u lively in
he order stat. d therein. The first in right
ix the hOm.ste~d or pre.empt ON ne'tier
whose entry has been wrOngfully cancelled
Ii he elects t" nea-rt hi- zig t. and has no,
been disqualified by locating another claim
or asking another entrv in lieu uf that er
roneous cancelled. ki+
RIGHT is ABSOLUTE
and the successive rights Of the remaining
two clarses cannot nttac, if he lawfully a.-
s.rts his claim. II he fails to claim the |
land or is disqualified under the act the |
g ,cond class Of per@~ who are the bona |
ii e pu chasers IL the In d unclaimed by !
him attach aud have prcre irnrr sne er him. !
Tn. thiri class OF b"nntide purchasers I
here r. f-rred TO are those who. OF ~r'Lg or |
error, have purchased from E rair"ad |
company lands which have been previously !
e,. tered by she pre- emption nr h'inesfea'i i
settler y hose entry has been errOnenu-lv
cancelled and which land the pre-enpti"n /
or homestead set,ler did not elect tn claim |
after rerovery nv pr"c,.esiing prescribed by /
F, h.. sccDnh section Of the act. the second |
question was: Can The department. after /
the adjustment of . grant, lss e q patent !
e., the purchaser OF snch land Ltf 'rc said /
lard has bern recovered by the road or }
title recnverei hv ,iiciai proceedings p
In reilly o this the A,tnrney-Genrrai says: |
Until the la i.ds shall have been LEGALLY de- |
t.r,nine:i to belong to the United States !
he right to .ssue patents under I'll. fourth !
IS ct;on does no: IL Use.
fIE THE rArEN.s SHOULD ISSUE
under the fourth sacti,'n bs1,re reconvey'
ance or judicial recovery under the second, !
and proceedings shou]i then he instituted
to cancel the patent issued 10 the Govern |
men.. two patent- would be nu' standing !
1T tie same time for I he same land . lhe
third question was: 'ifhe fifth section OF
sal ac' providrs that where Ii railroad
company has sold lands not conveyed 70
or r the use OF such company, aud where
such lands are for any reason excepted
from the operation of the grant "f .ad
company, it shall be lawful fOr bona hte
purchaser thereof from said c"mp'ny to
nal Ike ayment to the Urited States i'r
said ltnc, and ,hereupor the patti mt shaii
is.ne thereon to said bona tide purchaser.
The onestinn g., omitted under this section
il wh.t her the pruvi-i,'n las quoted ls com
firmed in its app'icati n to lands ~'th'"
primary granted limits, or whether IT ar'
plies to IL nd within the Indemnity limits
Of which the cempany had made se'-c'
tiup. b It which has not been approx q.
The Attorney General says: The III st see.
tion ii thu act in the use OF the word
grant"
MUST HAVE NECESSARILY INCLUDED
both primary and indemnity limits IN the
adiu< <tment, as it was doubtless intended
that the adjust ment should be full and
final ona. The protection nff 'rded ana
the redress granted settlers by eacn "f me
SECTIONS il fully ns mpOrtant in indemnify
AZ in the primary limits, in order that n
remedy may be adequate to 70 'ress thr
wrong. The word grant in the i'f:h acc.
finn must be construed t" 'clufe as II
does N the preceding sect ons. hotn me
urinary and indie e.nnity limits. upon tne
receipt of the opinion Secretary Lamar a.
roctad the Commissioner Of the Genera
and Office to prnceed ut once and with
~. muc:, disrat ch us possible t. adjust Al
land grants uuder h. act IT March 3.